Esparza v. University Medical Center Management Corporation et al
ORDER dismissing as moot 14 , 15 and 16 Motions to Dismiss; FURTHER ORDERED that any motions responding to the first amended complaint be filed by 7/12/2017. Signed by Judge Lance M Africk on 7/5/2017. (blg)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
UNIVERSITY MEDICAL CENTER
MANAGEMENT CORPORATION ET AL.
Plaintiff Kimberly Esparza filed a first amended complaint 1 in the abovecaptioned matter pursuant to Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure.
IT IS ORDERED that the motion 2 to dismiss filed by the Board of Supervisors
of Louisiana State University and Agricultural and Mechanical College; the motion 3
to dismiss and stay filed by Louisiana Children's Medical Center; and the motion 4 to
dismiss and stay filed by the University Medical Center Management Corporation
are DISMISSED as moot. See King v. Dogan, 31 F.3d 244 (5th Cir. 1994) (“An
amended complaint supersedes the original complaint and renders it of no legal effect
unless the amended complaint specifically refers to and adopts or incorporates by
reference the earlier pleading.”); Jefferson Community Health Care Ctrs., Inc. v.
Jefferson Parish Gov’t, No. 16-12910, 2016 WL 4429953, at *2 (E.D. La. Aug. 22, 2016)
R. Doc. No. 17.
R. Doc. No. 14.
3 R. Doc. No. 15.
4 R. Doc. No. 16.
(Brown, J.) (“[M]any district courts—including this Court—routinely deny as moot
motions to dismiss that are filed prior to an amendment of a complaint.”); see also id.
at *2 n.14 (citing cases).
IT IS FURTHER ORDERED that any motions responding to the first
amended complaint be filed by July 12, 2017.
New Orleans, Louisiana, July 5, 2017.
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE
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